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State Labor Laws ABC Test Delivery Drivers

McGlinchey Stafford

Court Upholds Law Classifying App-Based Drivers as Independent Contractors: Does What Happens in California, Stay in California?

McGlinchey Stafford on

The California Supreme Court recently upheld a California law that classifies drivers for app-based transportation companies, such as Uber, Lyft, or DoorDash, as independent contractors and not employees, provided the company...more

Manatt, Phelps & Phillips, LLP

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

CDF Labor Law LLP

Proposition 22 Challenged in Oakland State Court

CDF Labor Law LLP on

Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22.  This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more

Ervin Cohen & Jessup LLP

App Companies Victorious in Prop 22 Fight

On November 4, 2020, Uber, Lyft and Door Dash secured a victory in their expensive campaign to categorize app-based drivers as independent contractors. 55% of California voters voted in favor of Proposition 22, which means...more

Eversheds Sutherland (US) LLP

California and San Francisco ballot measures raise important worker classification issues

Last week, California voters passed several ballot measures impacting businesses on both the state and local levels. Of note are California’s Proposition 22 – which considers app-based drivers for rideshare and delivery...more

Jackson Lewis P.C.

Proposition 22 Passed – What Does It Mean For The Gig Economy In California?

Jackson Lewis P.C. on

While some of the 2020 election is still undecided, California voters were fairly definitive in their support of Proposition 22, which will now allow app-based rideshare and delivery companies to hire drivers as independent...more

Epstein Becker & Green

Emergency Stay of TRO Against Ride Share Companies Means Californians Won’t Have to Live Without Services

Epstein Becker & Green on

As we wrote here just several days ago, Californians were facing the seemingly unimaginable this week– the possibility of living without ride share services for the foreseeable future....more

Ballard Spahr LLP

Do Lawsuits in California and Massachusetts Threaten the Gig Economy as We Know It?

Ballard Spahr LLP on

The COVID-19 pandemic has underscored the important role that gig workers play in our economy. At the same time, it also has highlighted the working conditions of gig workers, spurring several states to take action on their...more

Epstein Becker & Green

Ride Share Companies Likely to Appeal California TRO Requiring Them to Treat Drivers as Employees

Epstein Becker & Green on

We have written here frequently about California’s controversial AB 5 law, which permits companies to treat workers as independent contractors only if they satisfy a stringent “ABC” test....more

Littler

Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances

Littler on

On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more

Epstein Becker & Green

Who’s Up Next? Now It’s Ride-Share and Delivery Companies’ Turn to File Suit Challenging California’s Controversial New...

AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020. Already, the California Trucking Association has filed...more

Epstein Becker & Green

California Ballot Initiative Would Remove Ride-Share and Delivery Drivers from the “ABC” Test

Epstein Becker & Green on

As we wrote here recently, California’s Governor Gavin Newsom signed a bill known as AB5, which is designed to make it more difficult for companies to treat workers as independent contractors. The new law, which goes into...more

Fisher Phillips

California Voters May Get Chance To Overturn ABC Test For Gig Drivers

Fisher Phillips on

When California’s AB 5 was signed into law last month, a chorus of voices decried the fact that it could radically change the gig economy as we know it. Many contended that the average app-based driver enjoyed being an...more

Ervin Cohen & Jessup LLP

Employment Law Reporter June 2018: California Supreme Court Delivers a Hard Blow to the Gig Economy

In a new ruling with dramatic consequences for the gig economy, the California Supreme Court made it harder to classify workers as independent contractors. For the past thirty years, the test for determining whether a worker...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Nilan Johnson Lewis PA

Did the California Supreme Court Instantly Poison the Gig Economy?

Nilan Johnson Lewis PA on

On April 30, 2018, the California Supreme Court issued a ruling in Dynamex Operations West, Inc. v Superior Court that will make classification of workers more complex and threaten the gig economy business model. The Court...more

Stoel Rives LLP

California Supreme Court Makes It More Difficult for Employers to Classify Workers as Independent Contractors

Stoel Rives LLP on

For almost 30 years, California courts have primarily used a subjective, multi-factor test in determining whether a worker was properly classified as an employee or independent contractor. In March of this year, the...more

Proskauer - California Employment Law

California Employment Law Notes - May 2018

We invite you to review our newly-posted May 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The ABCs of the Employment Relationship: California’s High Court Adopts New Independent Contractor Test

In a landmark decision, the Supreme Court of California adopted a new test to determine whether a worker performing services for a company is an employee or an independent contractor under California’s wage orders. The new...more

Farella Braun + Martel LLP

California Supreme Court Adopts New Independent Contractor Classification Test for Purposes of Wage Orders

The California Supreme Court established a new three-part test to determine whether a purported independent contractor should be classified as an employee covered by California’s Wage Orders. Dynamex Operations West, Inc. v....more

BCLP

California High Court Adopts New Test For Independent Contractors

BCLP on

In its decision on April 30, the California Supreme Court established a new test for classifying workers as independent contractors, with significant implications for the so-called “gig economy.” In Dynamex Operations West,...more

Epstein Becker & Green

California Supreme Court Adopts “ABC Test” for Independent Contractors

On April 30, 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the standard for determining whether workers in California should be classified as...more

Stoel Rives - World of Employment

California Supreme Court Embraces New Employee-Friendly Worker Classification Standard

In Dynamex Operations West, Inc. v. Lee, the California Supreme Court created a new employee-friendly test for determining whether workers are properly classified as employees or independent contractors. While providing a...more

Dorsey & Whitney LLP

California Changes the Gig Economy Game For Independent Contractor Status

Dorsey & Whitney LLP on

The California Supreme Court issued a ruling yesterday that will affect workers and businesses in the Golden State’s “Gig Economy.” The decision changes the standard to determine whether workers are classified as independent...more

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